[anentropic]

I don't think it's about things being illegal per se

But that they can sue you because, by making a competing product with data obtained by using their product, you contravened their terms & conditions for using their product

[ralfn]

But so did they when they scraped the web for content.

That's not within anyone's terms and conditions except Wikipedia.

That's what I mean with precedent. If OpenAI would win that they would be sued in term by Bloomberg for example.